What is a prenuptial agreement?

A prenuptial agreement is an agreement or contract created by a couple before they are married. This legal document lists the property owned by each person and spells out how the property will be divided if the marriage ends in divorce. Also called a “prenup,” “ante-nuptial agreement,” or even “prenuptial contract,” this document can be used to protect specific assets or income from division if there is a divorce.

Do you need to be wealthy to get a prenup?

While the idea of a prenuptial agreement may create the impression of a very wealthy person attempting to protect their assets from a future spouse with few assets, anyone can create a prenuptial agreement. Some possible reasons to get a prenuptial agreement beyond wealth include the following: To clarify financial responsibilities before, during, and potentially after marriage To avoid problems or disagreements if you decide to divorce To pass property to specific children or to children from a previous marriage To protect property from the other spouse’s debts or creditors

What should I include in a prenuptial agreement?

Each state has its own provisions for the definition of personal property and jointly owned or community property. A prenuptial agreement allows you to define and protect specific property in the event of a divorce. Without a prenup, a court could decide how to divide your assets instead. The following items can be included in a prenuptial agreement: Protection from your spouse’s debts Provisions for children from previous marriages or relationships Ownership of specific family heirlooms, businesses, property, or inheritances Estate plan protection (you will also need a will designating your wishes) An outline for dividing property if there is a divorce Instructions for determining alimony after divorce (some states allow this, some do not) Your marriage responsibilities

What cannot be included in a prenuptial agreement?

State laws vary regarding the contents of a prenuptial agreement. However, most states do not allow the following items or issues to be included in a prenuptial agreement: Non-financial relationship issues, including agreements about religion and child rearing Illegal actions or provisions that would be against the law Child support or custody agreements Eliminating one partner’s right to alimony Financial incentives that encourage divorce

Is a prenuptial agreement binding?

Prenuptial agreements are generally binding and enforceable if both parties fully disclose their financial situations, if the agreement is made freely without coercion, if both parties had access to legal counsel, and if the agreement is considered fair at the time entered or enforced.

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People contemplating marriage are increasingly using prenuptial agreements as a way to strengthen their relationships and create financial harmony before tying the knot. These agreements help give each party a better understanding of each other’s assets, debts, and financial goals while removing potential financial incentives to separate down the road that could hurt the relationship. The following guide reviews the key aspects of creating a prenuptial agreement.

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